Introduction
The First Information Report (FIR) is the foundation of the criminal justice process in India. It allows the police to initiate an investigation in compliance with the law and acts as the first official record of information on the commission of a cognizable offence. The registration of an (FIR) is frequently the first and most crucial step in obtaining justice, regardless of the nature of the offence—theft, assault, cyber fraud, domestic abuse, kidnapping, or any other serious offence.
Despite its legal importance, many individuals remain unaware of the procedure for lodging an FIR or what rights they have during the process. Because of this, victims and informants may encounter needless delays, uncertainty, or reluctance when approaching the police authorities. Therefore, in order to guarantee prompt access to justice and efficient enforcement of the law, knowledge of the legal framework governing the registration of an FIR is crucial.
The process for registering The First Information Report (FIR) in India under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is thoroughly described in this article. It describes the concept of a First Information Report (FIR), specifies who may file one, describes the detailed registration procedure, talks about the Zero FIR concept, and emphasizes the legal rights and remedies available to complainants in situations where the police refuse to register the FIR.
What is an FIR?
A First Information Report (FIR) is the first official document prepared by the police upon receiving information relating to the commission of a cognizable offence. It marks the commencement of a criminal investigation and authorises the police to investigate the alleged offence in accordance with the law. As provided under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), any information relating to the commission of a cognizable offence given to the officer in charge of a police station, whether orally or in writing, must be reduced into writing. After the information has been recorded, it is read over to the informant, signed by them, and entered into the official records.
An FIR generally contains the informant’s name and details, the date, time, and place of the incident, a description of the alleged offence, the accused’s details (if known), and the names of any witnesses. It is important to note that the registration of an The First Information Report (FIR) does not establish the guilt of the accused. Instead, it is a procedural document that empowers the police to start an investigation, gather evidence, question witnesses, and take further action in accordance with law. Therefore, preserving evidence, guaranteeing a fair investigation, and facilitating the administration of justice all depend on the prompt registration of an FIR.
What Is a Cognizable Offence?
A cognizable offence is one for which a police officer has the legal authority to register an FIR, commence an investigation, and, if necessary, arrest the accused without a warrant or prior permission from a Magistrate. A cognizable offence is defined in Section 2(1)(g) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) as one for which a police officer may arrest a person without a warrant under the First Schedule of the BNSS or under any other law for the time being in force.
Cognizable offenses are typically serious in nature, requiring immediate police intervention to prevent further harm, preserve evidence, and ensure an effective investigation. Common examples include murder, rape, kidnapping, robbery, theft, acid attacks, and dowry death, examples including domestic violence and other types of cyber fraud. Since certain offences have serious legal and societal ramifications, the police are authorized to act without prior judicial approval.
A non-cognizable offence, on the other hand, is one in which the police cannot arrest the accused without a warrant or conduct an investigation without the permission of the Magistrate. A non-cognizable offence, as defined in Section 2(1)(o) of the BNSS, is an offence in which a police officer has no authority to arrest without a warrant. Examples include defamation, public nuisance, simple hurt in some circumstances, and other non-cognizable offences under the applicable law. The distinction between cognizable and non-cognizable offences has significant legal importance as the distinction determines whether the police can immediately register an FIR and investigate.
Who can file an FIR?
A common misconception is that only the victim of an offence can lodge an FIR. However, under Indian criminal law, a FIR may be lodged by any person having knowledge of the commission of a cognizable offence, regardless of whether they are directly affected by the incident. The primary objective of the law is to ensure that information about a cognizable offence reaches the police without undue delay, allowing an investigation to commence promptly.
Therefore, a FIR may be lodged by:
- The victim of the offense.
- A family member or relative of the victim.
- An eye-witness who personally witnessed the offence.
- Any person with knowledge of the offense, even if they are not personally involved in the incident.
For example, A neighbor may report an incident of domestic violence, a passer-by may notify the police of a road accident or an assault, and a bank official may report a suspected case of financial fraud. Similarly, in cases of kidnapping or missing persons, a family member, friend, or anybody who is aware of the incident may approach the police to lodge an FIR.
It is vital to note that the informant is not required to establish the accused’s guilt or provide sufficient evidence while filing the FIR. The goal of an FIR is simply to bring the alleged commission of a cognizable offence to the notice of the police. The responsibility of gathering evidence, examining witnesses, and conducting a fair and impartial investigation rests with the investigating agency.
Where can an FIR be filed?
A common misconception among the public is that an FIR can only be lodged at a police station with territorial jurisdiction over the place where the offence was committed. While the police station with jurisdiction usually investigates the case, the law recognizes circumstances in which an FIR can be filed at any police station to avoid unnecessary delays in the administration of justice.
An FIR can be lodged in the following places:
- Police station having territorial jurisdiction.
As a general rule, an FIR should be filed at the police station within whose jurisdiction the offence occurred. Once information about the commission of a cognizable offence is received, the officer in charge of the police station must register the FIR in accordance with Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and commence the investigation in accordance with the law.
Statutory Basis: Section 173(1)(i) of the BNSS requires that if information is submitted orally to the officer in charge, it be reduced to writing by the concerned police officer or under his direction, read over to the informant, and signed by the person supplying it. Furthermore, Section 173(2) of the BNSS requires that a copy of the recorded information be sent to the informant or victim immediately, free of charge.
2. Any Police Station (Zero FIR)
Where approaching the jurisdictional police station may result in delay, particularly where rapid police assistance is required, an FIR can be filed at any police station, regardless of where the offence happened. Such a FIR is frequently referred to as a zero FIR.
Statutory Basis: Section 173(1) of the BNSS specifically codifies this procedure by including the phrase “irrespective of the area where the offence is committed.” Following registration under a temporary ‘Zero’ number, the FIR is forwarded to the police station with the proper territorial jurisdiction for further investigation. This procedure ensures that victims are not denied timely legal assistance just because they contacted a police station outside the jurisdiction of the offence.
- Online FIR or E-FIR
Several state police departments have implemented online reporting options for specific offences such as vehicle theft, lost documents, cyber fraud, and other notified offences. Furthermore, complaints about cybercrime can be reported through the National Cyber Crime Reporting Portal, and the appropriate authorities process the complaint in accordance with the applicable legal procedure.
Statutory Basis: The BNSS expressly recognises the notion of E-FIR under Section 173(1), which allows information to be sent by “electronic communication.” However, under Section 173(1)(ii) of the BNSS, an FIR filed electronically would only be formally taken on record if the person filing it signs it within three days.
The availability of online FIR registration varies from one state to another. Therefore, individuals should verify the procedure prescribed by the concerned State Police before submitting an online complaint.
Step-by-Step Process for Filing an FIR in India
Filing an FIR is a simple legal procedure that ensures that information about the commission of a cognizable offence is promptly brought to the notice of the police. While the particular procedure may differ slightly vary on the nature of the offence and the state in which the FIR is registered, the basic approach is largely consistent across India. The procedures below outline how an FIR is typically registered under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Step 1: Visit the nearest police station.
The initial step is to go to the nearest police station and inform the officer in charge that a cognizable offence has been committed. Typically, the FIR should be filed at the police station with territorial jurisdiction over the location where the offence occurred. However, in instances needed immediate police intervention, an FIR can be lodged at any police station using the Zero FIR concept, and then transferred to the police station with the necessary territorial jurisdiction.
The informant should provide all important facts about the incident as accurately as feasible. If any supporting documents, such as identity proof, photographs, medical records, CCTV footage, screenshots, or transaction information are available, They should also be brought before the police. However, the absence of supporting documents cannot be used to refuse to lodge an FIR if the information discloses the commission of a cognizable offence.
Statutory Basis: Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) mandates the officer in charge of a police station to record any information relevant to the commission of a cognizable offense in the manner specified by law.
Practical Tip: Before going to the police station, make a quick written note of the date, time, place , sequence of events, and names of those involved, if known. This ensures that all necessary details are delivered correctly and avoids the potential of omissions.
Step 2: Provide complete and accurate information.
When visiting the police station, the informant should clearly explain the details of the offence. The information submitted should, as far as practicable, contain the date, time, and place of the occurrence, the manner in which the offence was committed, the accused’s details (if known), the names of any witnesses, and the nature of the loss or injury sustained. The informant should only state the facts that they are aware of and avoid making assumptions or exaggerated claims.
Statutory Basis: According to Section 173(1)(i) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), when information is given verbally, the official in charge of the police station is obligated to transcribe it to writing, read it over to the informant, and acquire the informant’s signature.
Why is this important? Recording proper information at the initial stage helps to ensure that the investigation is conducted on the basis of correct facts. Any significant omission or inconsistency could jeopardize the inquiry and cause additional complexity in subsequent legal actions.
Practical Tip: Before signing the FIR, double-check that the names, dates, addresses, and other relevant information have been appropriately recorded. If an error or omission is discovered, ask the police officer to make the necessary changes before the FIR is registered.
Step 3: Recording of the FIR
Once the informant has provided the essential information, the police officer records it in the proper manner. If the information is delivered orally, it must be reduced to writing by the officer or under their supervision. The recorded material is then read back to the informant to confirm that it accurately reflects the facts as described.
Statutory Basis: According to Section 173(1)(i) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), information about the commission of a cognizable offence, if given orally, must be reduced to writing, read over to the informant, and signed by them before it is formally recorded.
Why does this matter? The FIR is the foundation of the police investigation.
Accordingly a result, it is critical that the material recorded be correct, complete, and devoid of factual errors, since it may affect the later stages of the investigation and trial.
Practical Tip: Do not sign the FIR until it has been read to you or if you have read it yourself. Ensure that all relevant details have been documented correctly, and immediately request the police officer to rectify any errors or omissions.
Step 4: Register the FIR and Issue a Free Copy
After verifying the information, the police officially record the FIR and assign it a unique FIR number. Once the FIR is registered, the informant is entitled to a free copy of the FIR. This copy is a vital legal document that may be necessary during an investigation, court procedures, insurance claims, or other legal processes.
Statutory Basis: According to Section 173(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the police must deliver a copy of the recorded FIR to the informant or victim free of charge.
Why is this important? A copy of the FIR allows the informant to confirm the information recorded by the police and acts as documentary proof that the offence was formally registered. It also promotes transparency and accountability throughout the investigation.
Practical tip: Keep the FIR document safely and take note of the FIR number, police station, and the date of registration, as these facts may be necessary in future legal proceedings or to track the investigation’s progress.
Step 5: What happens after an FIR is registered?
The registration of an FIR signifies the start of the criminal inquiry. Depending on the nature of the offence, the Investigating Officer may visit the, place of occurrence , collect physical and documentary evidence, question witnesses, record statements, conduct searches or seizures where legally permitted, obtain forensic or medical reports, and take other steps in accordance with the BNSS. If sufficient grounds exist, the accused may be arrested under the applicable legal provisions.
If there is sufficient evidence against the accused, the police will submit a police report (charge-sheet) to the jurisdictional Magistrate. If there is sufficient evidence, the police might submit a closure report under the law, which will be considered by the court.
Why is this important? It is critical to note that the filing of an FIR does not establish the accused’s guilt. It only begins the investigation. The competent court finally determines the accused’s guilt or innocence based on the evidence provided during the trial.
Practical Tip: During the investigation, cooperate with the investigating officer, preserve any relevant evidence, and promptly give any additional information or documents that may assist in a fair and effective investigation of the matter.
Important: Filing an FIR does not imply that the accused is guilty. It just puts the criminal legislation in action and allows the police to launch an investigation. The accused’s guilt or innocence is judged only when a competent court has followed due process of law.
What if the police refuse to register an FIR ?
The registration of an FIR is mandatory when the information provided discloses the commission of a cognizable offence. However, in practice , there may be instances where the police may refuse to register an FIR or fail to take appropriate action despite receiving such information. In such circumstances, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides legal remedies to ensure that the informant is not deprived of access to justice.
1. Approach the Superintendent of Police (SP)
If the officer in charge of a police station refuses to register an FIR, the informant may submit the information in writing to the Superintendent of Police (SP).
Statutory Basis: Under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), if the Superintendent of Police is satisfied that the information discloses the commission of a cognizable offence, they may either investigate the case personally or direct a subordinate police officer to register the FIR and conduct the investigation in accordance with the law.
Why is this important? This provision ensures that a police officer’s refusal does not prevent the initiation of a lawful investigation if a cognizable offence disclosed.
- Approach the Jurisdictional Magistrate
If no action is taken even approaching the Superintendent of Police(SP), the informant may seek appropriate relief before the jurisdictional Magistrate.
The Magistrate is empowered to examine the matter and, where necessary, direct the police to proceeds in accordance with law.
Why is this important? Judicial oversight protects against arbitrary refusal to register an FIR and helps ensure that the criminal justice system operates fairly and effectively.
Landmark Case: Lalita Kumari v. Government of Uttar Pradesh (2013)
In Lalita Kumari v. Government of Uttar Pradesh, the Supreme Court ruled held that the registration of an FIR is mandatory where information received discloses the commission of a cognizable offense. The Court clarified that police officers cannot refuse to register a FIR merely because they intend to conduct a preliminary inquiry, except in limited categories of cases recognised by law.
This judgment significantly strengthened victims’ and informants’ rights by requiring the police to carry out their statutory duties in a timely and lawful manner. The decision in Lalita kumari continues to serve as the leading authority governing the mandatory registration of FIRs in cases involving cognizable offences .
Rights of the Informant During FIR Registration
Every person who reports the commission of a cognizable offence has certain legal rights during the registration of an FIR. These rights aim to ensure fairness, transparency, and accountability in the criminal justice system.
1. Right to have the FIR registered
When the information provided discloses the commission of a cognizable offense, the police are under a legal obligation to file an FIR. They cannot refuse registration merely because they believe the allegations may be ultimately found to be false or require additional verification.
Legal basis: Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Supreme Court’s ruling in Lalita Kumari v. Uttar Pradesh.
- Right to receive a free copy of the FIR
Once an FIR is registered, the informant or victim has the right to a free copy of the FIR.
Legal basis: Section 173(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
- Right to verify the contents of the FIR
Where the information is given orally, it must be reduced to writing, read over to the informant, and signed only after the informant is satisfied that it has been recorded accurately.
Legal basis: Section 173(1)(i) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
- Right to Submit Information through Electronic Communication
The BNSS recognises the submission of information on a cognizable offence through electronic communication. However, such information must be duly signed by the informant within the prescribed period by law in order to complete the registration process.
Legal basis: Section 173(1)(ii) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
- Right to Approach Higher Authorities
If the police refuse to register an FIR, the informant may approach the Superintendent of Police and, if necessary, seek appropriate relief before the jurisdictional Magistrate in accordance with the BNSS.
Legal basis: Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
- Right to a fair and impartial investigation
After the registration of an FIR, every informant and victim has the right to expect the investigation to be conducted fairly, impartially, and in accordance with the law. The investigating agency is required to collect both inculpatory and exculpatory evidence and carry out the investigation without bias or prejudice.
Why is this important? A fair investigation is an essential component of the criminal justice system as it protects the rights of both the victim and the accused and promotes public confidence in the administration of justice.
Conclusion
The First Information Report (FIR) is an important document in the criminal justice system as it commences a police investigation into a cognizable offence. Understanding the procedure for lodging an FIR, the informant’s rights, and the remedies available in cases of police inaction enables individuals to effectively exercise their legal rights and seek timely access to justice.
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has introduced several procedural reforms, including the recognition of electronic communication for reporting offences and statutory recognition of Zero FIR, making the process more accessible and efficient. Individuals who are aware of these legal provisions and follow the prescribed procedure can contribute develop a fair, transparent, and effective criminal justice system.
Frequently Asked Questions (FAQs)
1. Can an FIR be filed by someone who is not the victim?
Yes. Any person having knowledge of the commission of a cognizable offence may lodge an FIR. The informant does not have to be the victim of the offence. A family member, eye-witness, neighbour, friend, or any other individual with knowledge of the incident may approach the police to lodge an FIR.
2. Is there a time limit to file an FIR?
The BNSS does not prescribe a fixed limitation period for lodging an FIR. However, an FIR should be lodged as soon as possible after the commission of the offence. An unexplained delay can affect the investigation, although it does not automatically render the FIR invalid.
In appropriate cases, the police and courts may consider the reasons for the delay.
3. Can an FIR be filed online?
Yes. Several state police departments provide facilities for lodging online FIRs or submitting online complaints for specified offences. The BNSS additionally recognizes information through electronic communication. However, the availability and procedure for registering an FIR online vary from one state to another.
- Can an FIR be withdrawn once it has been registered?
An FIR cannot ordinarily be withdrawn by the informant once it has been registered. After registration, the matter becomes part of the criminal justice system and is investigated by the police. However, depending on the nature of the offence, the proceedings may be compounded, quashed by the High Court, or otherwise disposed of in accordance with applicable law.
5. What is the difference between an FIR and a police complaint?
An FIR is only registered when the information discloses the commission of a cognizable offence and enables the police to commence an investigation. On the other hand, a police complaint includes any information or grievance submitted to the police. Every complaint does not result in the registration of an FIR.
6. What should I do if the police refuse to register my FIR?
If the police refuse to lodge an FIR despite the disclosure of a cognizable offence, you can submit the information in writing to the Superintendent of Police under the BNSS. If no further action is taken, you may seek appropriate relief from the jurisdictional Magistrate.
Note: The remedies discussed above are in addition to any other remedies that may be available under the BNSS or other applicable laws, depending on the facts and circumstances of each case.
